Anderson claims that he underwent a colonoscopy that found he had colon cancer. On May 24, 2010, Dr. Thomas performed a procedure to remove the cancer. The plaintiff alleges that three days after the surgery it was observed that the plaintiff had a low grade fever and that he was discharged a few days later on May 14.

On May 28 Anderson asserts he returned to the clinic after having a persistent fever for two days at which time it was noted he had significant drainage following the surgery. The plaintiff claims on Oct. 19 he complained to Dr. Thomas of swelling and bloating in his right abdomen and after a body scan it was concluded that a surgical sponge had been left inside him and he subsequently underwent surgery to have it removed.

The defendant is accused of failing to accurately count all surgical implements during surgery, failing to implement safe policies and procedures, failing to ensure competence and failing to properly evaluate post-operative infection.

An unspecified amount in damages is sought for medical expenses, pain and suffering, mental anguish, emotional distress, loss of enjoyment of life scarring, disfigurement impairment and disability.